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Land Conservation Contract with Otis Forge - For agricultural use per Williamson Act Reso 2091Fit. American Title Company I. Santa Clara County 1Q 9A �L 'Y MAIN' OFFICE 675 North First Street 7`: San Jose, California 95112 Phone 286 -6353 \ \e /� PALO ALTO SUNNYVALE UNION- FOXWORTHY VALLEY PAIR i W- �'�� 459Hamiltan Avenue ❑ 560 So, Murphy Avenue ❑ 2981 Union Avenue ❑ 3119 D... ich Street ❑ Palo Alto, Calif. 94301 Sunnyvale, Calif. 94086 San Jose, Calif. 95124 San Jose, Calif. 95117 Phone 325 -2855 Phone 245 -9661 Phone 377 -9112 Phone 246 -0400 PRELIMINARY REPORT Issued for Sole Use of Mark Thomas 6 Co. 20065 Stevens Creek Blvd. Cupertino, California Attn: Mr, Louie Rapp Our No. SJ 7499 PAT Your No. In connection with your application for a Policy of Title Insurance on the title to the land hereinafter described, this report is issued as an accommodation, and is made without liability and without obligation to issue such Policy. Statement of charges will be rendered when Policy is issued, or ninety days from entry of application, if Policy is not issued prior to that time. Dated as of December 10. 196Ef at 8:00 A.M. IRST AMERICAN TITLE COMPANY By era Jones ITLE OFFICER VESTEE OTIS F. FORGE PLEASE NOTE —THE ISSUANCE OF THIS R.EPOR, Wilt 1E SUBJECT TO A MI^BMUM CHARGE IN COMPLI'NCE WITH THE REGULATIONS OF THE INSUR ?NCE COMldISSIONER. SUBJECT TO: 1. General and Special County taxes for fiscal year 1968 -69 are as follows: AP 326 -10 -014 Code Area 13 -003 Amount $1,165.68 (Affects Easterly portion of said land) AP 326 -10 -018 Code Area 13 -003 Amount $3,435.20 (Affects Westerly portion of said land) 2. Terms and conditions of a Water Agreement dated November 7, 1934, relative to the usage of an existing well and pumping plant located on said land, executed by and between Otis F. Forge, at al, and Tom Kapanica, et al, recorded February 27, 1935 in Book 719, page 428 of Official Records. 3. Easement for poles, conduits and incidental purposes over the Southerly portion of said land, as conveyed to Pacific Gas and Electric Company, a California corporation, by Deed recorded February 15, 1947 in Book 1402, page 489 of Official Records. City of Cupertino MEMORANDUM February 1, 1971 T0: Mr. Wm. E. Ryder, City Clerk FROM: James H. Sisk, Planning Director SUBJECT: Responsibility of City Clerk re Williamson Act The following information is being provided in the event the City Council establishes agricultural preserves and subsequently enters into a land contract as provided by the Williamson Act. General (1) Whenever an agricultural preserve is established and as long as it is in effect a map of such agricultural preserve and the resolution under which the preserve was established shall be filed and kept current with the County Recorder and the Director of Agriculture.(Section 51237). (2) The Act sets forth that within thirty (30) days after approval of the contract form (this being accomplished at the time the City Council adopted the rules and regulations - Resolution No. 2091 - on November 30, 1970) the Clerk of the Council shall cause a sample copy of the contract form to be filed with the Director of Agriculture. (Section 51249) Contracts In the event a contract is entered into between the City and a landowner, the following is to be accomplished by the Clerk of the City Council: (1) Not later than twenty (20) days after entering into a contract the Clerk shall record a copy of the contract and description of the property involved, together with a reference to the map showing the location of the agricultural preserve in which the property lies. (Section 51248) JHS:n Notes: Meeting on Williamson Act with Mr. Adams and Mr. Sisk, Feb_ 2, 1971 Set down criteria of the Williamson Act itself. Other limitations may include present zoning. For example, should the Williamson Act only apply to agricultural zoning or intended agricultural use. Limitations from an acreage standpoint. This application on limitations in core area as opposed to foothill area. Community identification. For example, should agricultural lots be located sprinkled through the City for purposes of identification. Should we utilize the Act for holding purposes for future public use and would such a tool be legitimate under the existing law. Should we utilize the Act for holding areas for future private use that might be more beneficial from overall planning standpoint. For example, could we utilize this Act to cut down strip commercial zoning. Additional information will be gathered by Mr. Sisk in regard to the existing values of properties, meaningful in size, that are presently zoned for agricultural purposes, in determination of the laws on taxes based on today's values. The foothill area would be set out separately and an estimate used on that area. Mr. Adams will summarize the application of the law. RWQ:es cc: Mr. Adams & Mr. Sisk i RESOLU'115r� NO. 2091 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING PROCEDURES FOR INITIATING, FILING AND PROCESSING REQUESTS TO ESTABLISH AGRICULTURAL PRESERVES (WILLIAMSON ACT) (GC 51231) WHEREAS, California Land Conservation Act of 1965 (The Williamson Act) authorizes cities to establish agricultural preserves, for the purpose of defining the boundaries of those agricultural areas within which the city will be willing to enter into land conservation contracts pursuant to said Act, in order, amongst other things, to maintain the agricultural economy of the state and to prevent the premature and unneces- sary conversion of land from agricultural uses, and WHEREAS, the City Council of this City finds that it can assist the maintenance of the State's agricultural economy and avoid conversion of land from agricultural uses by establishing agricultural preserves and entering into agreements with land owners as authorized by said Act, and WHEREAS, said Act directs cities to state by resolution the procedures for initiating, filing and processing requests for the establishment of such agricultural preserves, NOW, THEREFORE, the City Council of the City of Cupertino hereby resolves as follows: The establishment of an agricultural preserve may be initiated either by motion of the City Council, or upon an application therefor by the land owner or land owners of the Property within the proposed preserve, as hereinafter set forth. The following procedures are hereby established for the initiating, filing and processing of all requests to establish such preserves: 1. All requests for establishing an agricultural preserve initiated by other than motion of the City Council shall be upon written application signed by all of the owners of the lands in- cluded within the confines of the proposed preserve, and filed with the City Clerk on forms approved by the City Council, which shall include the following data: (a) Names and addresses of all owners; (b) A statement of the location, ownership, size, and area of all the property, and of all the present agricultural uses of the property together with any and all other uses conducted thereon; (c) Assessor's parcel numbers; (d) A request that the property be established as an agricultural preserve for the purpose of enabling the applicant to enter into a land conservation contract with the City; -1- (e) In the event the property or some part thereof is in a zoning district other than A (agricul- ture), a request to initiate a change of zoning to A zoning district; (f) Such other data or information as may be required by the approved form; In addition, each application shall be accompanied by the follow- ing documents: (a) Two (2) copies of a legal description of all properties; (b) Four (4) copies of assessor's maps; (c)' A completed income analysis sheet for delivery to the Santa Clara County Assessor; (d) Two (2) completed land conservation contracts in a form approved by the City Council, covering all or some substantial portion of the property within the proposed agricultural preserve, each properly executed and acknowledged by the property owner; (e) A filing fee in the sum of $40.00, together with an additional filing fee of $100.00 if an applica- tion is included requesting rezoning to the "A" zoning district. 2. Upon receipt of the application, the City Clerk shall check the same for the adequacy and completeness of all documenta- tion required thereon and documents to bP included therewith, and upon determining the same as properly executed and complete, he shall then: (a) Forthwith submit the application and accompanying data to the City's Planning Department, who shall report thereon to the City Council within thirty (30) days thereafter, and which report shall in- clude a statement as'to whether or not the proposed preserve is consistent with the General Plan; (b) He shall set a public hearing on the application before the City Council, publishing notice of the same once in a newspaper of general circulation at least 10 days prior to the date of the hearing, and sending a copy of said notice, postage prepaid, to all applicants who have their addresses set forth on the application. 3. At the time and place of the public hearing on the application, the City Council shall hear all persons interested therein, and thereafter may either terminate said proceedings, or may by resolution establish all or any portion of the lands included in the application as an agricultural preserve. Said public hearing may be continued from time to time, and in no event shall the City Council adopt a resolution establishing an -2- v ag,ricultural prc_ rve until it has either 1 eived a report on the application from the Planning Department, or until the expiration of thirty (30) days from the date said matter was submitted to said Planning Department in the event said depart- ment fails to report thereon. Each resolution establishing an agricultural preserve shall contain a finding of compatible uses within the preserve, and shall set forth such uniform rules for administering that preserve as may be deemed advisable and necessary by the City Council. 4. At any time at or after adopting a resolution estab- lishing an agricultural preserve, the City Council may authorize the Mayor of said City to enter into a land conservation agreement with any owner or owners of land within said agricultural preserve, and said authorization may, but need not, be included as a part of the resolution establishing the preserve. 5. Anything to the contrary hereinabove notwithstanding, the City Council may abandon any proceedings.for the establish- ment of an agricultural preserve at any time after the filing of an application therefor or initiation of the same on the Council's own motion, by minute or other resolution, which resolution shall set forth the reasons for such abandonment. 6. Attached hereto and marked, respectively, Exhibits "A" and "B ", are forms for the application for creation of an agricul- tural preserve and for land conservation contract, which forms are hereby specifically referred to and approved as official forms of this City. 7. The City Clerk shall cause a duplicate original of each land conservation agreement to be recorded with the Santa Clara County Recorder within 20 days after the completed execution of the same, and shall file a copy of the same with the Santa Clara County Assessor. Within 30 days after adoption of this Resolution the City Clerk shall file a sample copy of the hereinabove approved form of contract with the State Director of Agriculture. PASSED AND ADOPTED at an adjourned regular meeting of the City Council of the City of Cupertino on the 30th. day of November 1970, by the following vote: AYES: Councilmen - Fitzgerald, Frolich, Green, Stokes NOES: Councilmen - None ABSENT: Councilmen - Noel ATTEST: /s/ Wm. E. Ryder City Clerk -3- APPROVED: /s/ Gary G. Stokes Mayor, City of Cupertino �OTV OF CUPEI -YIN© PLAN NIN C:t:.�MMIS������ INSTRUCTION SHEET This instruction sheet is to be used in connection with the filing of applications for Zone Changes, Use Permits, Variances and Tentative Maps. GENERAL INFORMATION: Application forms are available upon request from the office of the Planning Department. The applicant is required to file, in the office of the Planning Department, one original and two copies of the appropriate application form together with the proper filing fee and required exhibits no later than 24 days prior to a desired hearing date. The Planning Commission meets on the second and fourth Mondays of the month. In order to avoid delay it is suggested that the application be filed in person so that it can be reviewed and accepted at the time of filing. _FILING FEES: Cash or check at time of application. Not refundable. Rezoning: $100.00 Tentative 50a : $ 50.00 Use Permit: $ 25.00 251 - 500 lots $200.00 Variance: $ 25.00 500 - lots $500.00 EXHIBITS: All required exhibits must be submitted on or before the application filing deadline. All applications require 40 identical copies of each exhibit, 35 of which must be reduced to an 8Y' x 11" sheet size. Specific instructions for each type of application are as follows: Zonin : 40 copies of a map of the property to be rezoned, describing its size, dimensions, 'existing and proposed zoning, and location in relation to nearby streets, are required. Each separate zoning classification within the property involved shall be similarly described. The map shall be on an 811' x 11" sheet. Legal Description: 3 copies of a legal description, setting forth each zoning classi- fication within the property, are required. Development Plan: Some zoning districts require a development plan. A description of the information needed on the plan is contained in the appropriate zoning ordinance. 40 copies of the plan are required (5 unreduced, 35 reduced to size 8;�" x 11 "), and one reproducible copy of the unreduced plan. Use Permits and Variances: 40 copies (5 unreduced and 35 reduced to size 8Y" x 11 ") of a site plan and elevations of all existing and proposed uses on the property involved, are required. The plan shall be detailed, showing the location of all existing and proposed uses, structures, fences, signs, off - street parking spaces, driveways, traffic island, landscaping and other information or data which the applicant or the Planning Director deems necessary for proper consideration of the application. The drawing must be to scale and drawn in a professional manner. -1- EXHIBITS (continued): Tentative Maps: 40 copies (5 unreduced and 35 reduced to size 81�" x 11 ") and one reproducible unreduced copy, are required of a map which meets the requirements of the City of Cupertino, Subdivision Ordinance No. 47. A Tentative Map Review Sheet, listing the required information to be shown on the map, is attached to the Tentative Map application form. ARCHITECTURAL AND SITE APPROVAL COMMITTEE With the exception of single - family homes, any construction or substantial alteration within the City requires the approval of this Committee. The Committee is primarily concerned with building design, building materials, signs and landscaping. It is a lav body independent of the Planning Commission. Information concerning the procedures of this Committee may be obtained at the Planning Department. TENTATIVE HEARING DATES For your information, the staff member receiving your application will list the tentative hearine dates. The dates listed below must be ccnsidered tentative in nature, and are subject to change depending on the action taken by the various bodies involved. Filing Date Planning Commission Hearing Date City Council Hearing Date City Council Hearing Date (Second reading for zoning ordinance) r County of Santa Clara California PROPERTY RENTAL QUESTIONNAIRE Office of the County Assessor 201 County Administration Building 70 West Hodding Street San Jose, California 95110 299 -2401 Area Code 408 In appraising land under the Land Conservation Agreement, we are now required to use the economic approach to value. In order to appraise land by this method, it will be necessary for us to have land rental information. State law not only requires the Assessor to value property on this basis, but also requires property owners to furnish this kind of information to the Assessor. Your immediate cooperation to this request will help to increase the efficiency in process- ing your application. INSTRUCTIONS FOR FILLING OUT QUESTIONNAIRE Column 1. If your type of farming operation is not listed, either list it at the bottom of the form or draw a line through the existing uses and enter the type of fanning in which you are engaged. 2. Write in the kind of crops you are farming if they do not appear on the form. 3. Enter the amount of acres of irrigated or non - irrigated land you are farming on the same line as the kind of crop being produced. 4. Enter the amount of cash rent paid or collected per acre. In the case of share rent, convert the income per acre into cash per acre. Do not deduct real estate taxes or income taxes before arriving at the amount of cash received per acre. If rent is by the head per month or similar basis, convert this rent to amount of cash rent per acre per year. If owner operated, enter the amount of cash rent per acre for which you believe your property can be rented. 5. Enter the remaining length of time your lease has until it expires. 6. Write in whether the acreage is leased or owner operated. 7. If at all possible, identify the property by the Assessor's Parcel Number. If this information is not available, give the owner's name and the name of the road where the property is located. 8. Indicate the number of acres of Prime Agricultural Land on the same horizontal line that the Assessor's Parcel Number appears. 9. Please do not write in this space. + If the contract rent involves performance or consideration other than cash rent by either the owner or the renter, which is considered as part payment, please indicate what this may be. If there is income from other uses such as hunting clubs, Public Utility installations, riding trails, or any other use, this should be listed under Column One. You may use the back of enclosed form or attach an extra sheet. M n O r ... N �N�yy N r 1 7 C �• -_ rm-� fD R y P• a J11 r• f• h l7 c „ H 7 0 ' o n m p• n W M I m v a o c m •O �' I m c o yfm m ro c kn w n c �o +mo' 1w cn nr— m'w n cy,n w m w m ES!ro w 1C r c ro' w Ala m x cola 7 n'n h !a Ic '.m n r.in m o h ;h H. r• w o O M ID w' 00 H v o m n --------------------- -- - - - -- a r• n II m ti r m t UO H w n n r n t1j I H o rn n w to 9? - - - ----- --- - - - ---- - ---- -- - - - - -- - - - - ---- 0o z m m o w O n rt n � O A 0.r•n O m ti w v K H N - r• S i w O O O M 00 w m m a I w n n r• F r•w xn a n m w Oo m h n 0. m O w I 1 o In 0 1 w w n a m n m w �f m w rt z - r w r• w 0 9 z n m z o - w w c 3 w m o m h tT ra>faz wao ron c a K n 9 °• m m n 9 m n O G r+i 't OD r 9 w w C m w w m m O 't w I 1 r N w Is to O" V 0 0 * "PRIME AGRICULTURAL LAND" means: (1) All land which qualifies for rating as Class I or Class II in the Soil Conservation Service land use capability classi- fications. (2) Land which qualifies for rating 80 through 100 in the Storie Index Rating. (3) Land which supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal per acre as defined by the United States Department of Agriculture. (4) Land planted with fruit or nut- bearing trees, vines, bushes or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than two hundred dollars ($200) per acre. (5) Land which has returned from the production of unprocessed agricultural plant products an annual gross value of not less than two hundred dollars ($200) per acre for three of the previous five years. Permission is hereby granted to the County Assessor to obtain any information which he may need for assessment purposes from my "Soil and Capability Map" or the "Conservation Plan Map" which is available in the Soil Conservation District office. Signature Date EXHIBIT "B" LAND CONSERVATION CONTRACT This is an agreement between the City of Cupertino, California, (hereinafter called "City "), and (hereinafter called "Owner "). WHEREAS, Owner possesses certain real property located within the City of Cupertino, County of Santa Clara, State of California, which is presently devoted to agricultural uses and is described in Exhibit I attached hereto and made a part hereof; and WHEREAS, the property is located in an agricultural preserve heretofore established by City; and WHEREAS, both Owner and City desire to limit the use of the property to agricultural and compatible uses; and WHEREAS, the parties have determined that the highest and 'nest use for the property during the term of this contract, or any re- newal thereof, shall be for agricultural purposes. NOW, THEREFORE, City and Owner agree as follows: 1. CONTRACT SUBJECT TO CALIFORNIA LAND CONSERVATION ACT OF 1965 This contract is entered into pursuant to Chapter 7 (commencing with Sections 51200) of Part 1, Division 1, Title 5 of the Government Code, which is known as the California Land Conservation Act of 1965, or as the Williamson Act. This contract is subject to all of the provisions of this Act, including any amendments thereto which may r hereafter be enacted. �A 2. RESTRICTION ON USE OF PROPERTY During the term of this contract, and any and all renewals r thereof, the property described in Exhibit I shall not be used by Owner, or Owner's successors in interest, for any purpose other than the production of agricultural commodities for commercial purposes and uses compatible thereto as defined in said Act. A list of all such compatible uses is set forth in Exhibit II, attached hereto and by this reference incorporated herein. City, by uniform rule adopted by the City Council of City, may from time to time during the term of this contract and all renewals thereof, add to the list of compatible uses which shall be uniform throughout the agricultural preserve in which the property in Exhibit I is located; provided, however, City may not during the term of this contract or any renewal thereof, without the prior written consent of Owner, remove any of the compatible uses for the subject property which are set forth in Exhibit II. The provisions of this contract and any uniform rule supplementing the list of compatible uses are not in- tended to limit or supersede the planning and zoning powers of City. 3. TERM OF CONTRACT This contract shall become effective on the date of execution and shall remain in full force and effect for an initial term of ten years. The initial term of ten years shall be measured com- mencing as of the first day of January next succeeding the date of execution if the date of execution is between March 2 and December 31. The initial term of ten years shall be measured commencing as of the first of January of the year of execution if the date of execution is between January 1 and March 1. Each succeeding first day of January shall be deemed to be the annual renewal date of this contract. This contract shall be renewed on each succeeding January 1 and one additional year shall be added automatically to the initial term unless notice of nonrenewal is given as pro- vided in paragraph 4. 4. NOTICE OF NONRENEWAL (a) If either party desires in any year not to renew this contract, that party shall serve written notice of nonrenewal upon the other party in advance of the annual renewal date of this con- tract. Unless such written notice of nonrenewal is served by Owner at least 90 days prior to the renewal date, or by City at least 60 days prior to the renewal date, this contract shall be considered renewed as provided in paragraph 3 above. (b) If either party serves written notice of nonrenewal in any year within the time limits of (a) above, this contract shall. remain in effect for the balance of the period remaining since the original execution or the last renewal of this contract, as the case may be. S. NO COMPENSATION Owner shall not receive any payment from City in consideration of the obligations imposed under this contract, it being recognized and agreed that the consideration for the execution of this contract is the substantial benefit to be derived therefrom, and the advantage that may accrue to Owner as a result of the effect upon the assessed value of the property on account of the restrictions on the use of the property contained herein. 6. SUCCESSORS IN INTEREST This contract and the restrictions imposed hereunder shall be 01 V_ binding upon, and insure to the benefit of,.the successors in in- terest of the Owner. Whenever any of the property described in Exhibit I is divided, the owner of any parcel may exercise, independent of any other owner of a portion of the divided property, any of the rights of the owner in this contract, including the right to give notice of nonrenewal and to petition for cancellation. The effect of any such action by the owner of a parcel created by the division of land described in Exhibit 1 shall not be imputed to the owners of the remaining parcels and shall have no effect on this contract as it applies to the remaining parcels of the divided property. 7. CANCELLATION This contract may be cancelled and a cancellation fee imposed pursuant to the pro—isions of the Land Conservation Act of 1965. 8. NOTICES All notices required or p ,3rmitted.by this contract, includ- ing notice of a change of address, shall be in writing and given by personal delivery or sent by United States Mail addressed to the party intended to be notified. Notice shall be deemed given as of the date of delivery in person or as of the date when deposited in any post office or any post office box regularly maintained by the United States Government. Notice to the City shall be addressed: City Clerk City of Cupertino 10300 Torre Avenue Cupertino, Calif. 95014 Notice to the Owner shall be addressed: Name: Address: City and State: IN WITNESS WHEREOF the parties hereto have caused this contract to be executed: by Owner on by City on and ATTEST: CITY CLERK APPROVED AS TO FORM CITY ATTORNEY r CITY OF CUPERTINO AYOR Owner EXHIBIT II LAND CONSERVATION CONTRACT COMPATIBLE USES The following is a list of land uses determined to be com- patible with the agricultural use of the land subject to this agreement: 1. The drying, packing or other processing of an agricultural commodity usually performed on the premises where it is produced but not including slaughter houses, fertilizer yards, bone yards or plants for the reduction of animal or vegetable matter. 2. Structures _.ecessary and incidental to the agricultural use of the land. 3. The holding of nonproducing land for future agricultural use. 4. The holding of nonproducing mineral resource areas for future use. S. The maintenance of land in its natural state for the purpose of preserving open space for recreation or plant or animal preserves. 6. Single family dwellings incidental to the agricultural use of the land for the residence of the owner, and the family of the owner. Single family dwellings incidental to the agricultural use of the land for the residence of the lessee of the land and the family of the lessee. r Owner or lessee shall be construed to klcluMl (a) stockholders in family corporations (b) beneficiaries of family trusts and estates. (c) owners of undivided partial interests in the fee (d) joint tenants 7. Dwellings for persons employed by owner or lessee in the agricultural use of the land. 8. Temporary farm labor camps incidental and necessary to the gathering of the crops grown on the land. 9. The construction and maintenance of a stand or shelter for the sale of agricultural commodities produced on the land. 10. An aircraft landing strip incidental to the agricultural use of the land. 11. The erection, construction, alteration or maintenance of gas, electric, water or communication utility facilities. 12. The erection, construction, alteration or maintenance of radio, television or microwave antennas, transmitters and related facilities. 13. Public or private hunting of wildlife or fishing. 14. Public or private hunting clubs and accessory structures. 15. Public or private rifle and pistol practice range, trap or skeet field, archery range or other similar use. 16. Public or private riding or hiking trails. 17. Riding acadamy, stables and the boarding of horses or other livestock but not including an animal hospital or kennel. 18. Oil and gas well drilling, including the installation and use of such equipment, structure and facilities as are necessary or convenient for oil and gas drilling and producing operations customarily required or incidental to usual oil s field practice, including the initial separation of oil, gas and water and the storage, handling, recycling and transportation of such oil, gas and water from the premises. STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of , before me, the undersign-eT,a Notary Public in an or— t e State of California with principal office in the County of Santa Clara, residing therein, duly commissioned and sworn, personally appeared known to me to be the of the corporation that executed the within instrument, an nown to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same pursuant to its By -Laws or a resolution of the Board of Directors. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written. Notary Pu lic n and for the State of California STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this �day of before me, the undersigned, a votary Public in and for the State of California with principal office in the County of Santa Clara, residing therein, duly commissioned and sworn, personally appeareds and known to me to be the persons described in, whose names are subscribed to and who executed the within instrument, and acknowledged that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written. WILLIAM E. McCLE p p�0Ci •�r00P- n +o- �.�9 ^!�lfACea ^rT o aryTublic in and for the County % ! � � Santa Clara, state of Caldor nia t , viwivafn C. MICCCv^11 ommisslon Expires July 27, 1971 — ' •^'� ^Y Pu^ :C o Notary u is in an or t e 141"' Any m State of California " `� Santa Cara Courty, Calif. o F STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA) On this _ -_T day of , before me, a Notary Public in and for sai County and State, resi ing t er.ein, duly commissioned and sworn, personally appeared known to me to be the person described in and whose name is sub- scribed to the attached instrument, and acknowledged to me that executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. otary Pu lic in an or t e County of Santa Clara, State of California STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA) On this day of 19 , before me, a Notary Public in and for the said County an—T State residing therein, duly commissioned and sworn, personally appeared , known to me to e t e Mayor of the City of Cupertino.t at executed the within agreement and acknowledged to me that said City of Cupertino did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written. NOTARY PUBLI U in an or sai County and State My commission expires r e ' County of Santa Clara California PROPERTY RENTAL QUESTIONNAIRE Office of the County Assessor 201 County Administration Building 70 West Hedding Street San Jose, California 95110 299 -2401 Area Code 408 In appraising land under the Land Conservation Agreement, we'are now required to use the economic approach to value. In order to appraise land by this method, it will be necessary for us to have land rental information. State law not only requires the Assessor to value property on this basis, but also requires property owners to furnish this kind of information to the Assessor. Your immediate cooperation to this request will help to increase the efficiency in process- ing your application. INSTRUCTIONS FOR FILLING OUT QUESTIONNAIRE Column 1. If your type of farming operation is not listed, either list it at the bottom of the form or draw a line through the existing uses and enter the type of farming in which you are engaged. 2. Write in the kind of crops you are farming if they do not appear on the form. 3. Enter the amount of acres of irrigated or non - irrigated land you are farming on the same line as the kind of crop being produced. 4. Enter the amount of cash rent paid or collected per acre. In the case of share rent, convert the income per acre into cash per acre. Do not deduct real estate taxes or income taxes before arriving at the amount of cash received per acre. If rent is by the head per month or similar basis, convert this rent to amount of cash rent per acre per year. I£ owner operated, enter the amount of cash rent per acre for which you believe your property can be rented. 5. Enter the remaining length of time your lease has until it expires. 6. Write in whether the acreage is leased or owner operated. 7. If at all possible, identify the property by the Assessor's Parcel Number. If this information is not available, give the owner's name and the name of the road where the property is located. 8. Indicate the number of acres of Prime Agricultural Land on the same horizontal line that the Assessor's Parcel Number appears. 9. Please do not write in this space. v If the contract rent involves performance or consideration other than cash rent by either the owner or the renter, which is considered as part payment, please indicate what this may be. If there is income from other uses such as hunting clubs, Public Utility installations, riding trails, or any other use, this should be listed under Column One. You may use the back of enclosed form or attach an extra sheet. RESOLUTION NO. 2091 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING PROCEDURES FOR INITIATING, PILING AND PROCESSING REQUESTS TO ESTABLISH AGRICULTURAL PRESERVES (WILLIAMSON ACT) (GC 51.231) WHEREAS, California Land Conservation Act of 1965 (The {Williamson Act) authorizes cities to establish agricultural preserves, for the purpose of defining the boundaries of those agricultural areas within which the city will be willing to enter into land conservation contracts pursuant to said Act, in order, amongst other things, to maintain the agricultural economy of the state and to prevent the premature and unneces- sary conversion of land from agricultural uses, and WHEREAS, the City Council of this City finds that it can assist the maintenance of the State's agricultural economy and avoid conversion of land from agricultural uses by establishing agricultural preserves and entering into agreements with land owners as authorized by said Act, and WHEREAS, said Act directs cities to state by resolution the procedures for initiating, filing and processing requests Per the establishment of such agricultural preserves NOW, THEREFORE, the City Council of the City of Cupertino hereby resolves as follows: The establishment of an agricultural preserve may be initiated either by motion of the City Council, or upon an application therefor by the land owner or land owners of tine property within the proposed preserve, as hereinafter set forth. The following procedures are hereby established for the initiating, filing and processing of all requests to establish such preserves: 1. All requests for establishing an agricultural preserve initiated by other than motion of the City Council shall be upon written application signed by all of the owners of the lands in- cluded within the confines of the proposed preserve, and filed with the City Clerk on forms approved by the City Council, which shall include the following data: (a) Names and addresses of all owners; (b) A statement of the location, ownership, size, and area of all the property, and of all the present agricultural uses of the property together with any and all other uses conducted thereon; (c) Assessor's parcel numbers; (d) A request that the property be established as an agricultural preserve for the purpose of enabling the applicant to enter into a land conservation contract with the City; -1- (e) In the event the property or some part thereof is in a zoning district other than A (agricul- ture), a request to initiate a change of zoning to A zoning district; (f) Such other data or information as may be required by the approved form; In addition, each application shall be accompanied by the follow- ing documents: (a) Two (2) copies of a legal description of all properties; (b) Four (4) copies of assessor's maps; (c) A completed income analysis sheet for delivery to the Santa Clara County Assessor; (d) Two (2) completed land conservation contracts in a form approved by the City Council, covering all or some substantial portion of the property within the proposed agricultural preserve, each properly executed and acknowledged by the property owner; (e) A filing fee in the sum of $40.00, together with an additional filing fee of $100.00 if an applica- tion is included requesting rezoning to the "A" zoning district. 2. Upon receipt of the application, the City Clerk shall check the same for the adequacy and completeness of all documenta- tion required thereon and documents to be included therewith, and upon determining the same as properly executed and complete, he shall then: (a) Forthwith submit the application and accompanying data to the City's Planning Department, who shall report thereon to the City Council within thirty (30) days thereafter, and which report shall in- clude a statement as to whether or not the proposed preserve is consistent with the General Plan; (b) He shall set a public hearing on the application before the City Council, publishing notice of the same once in a newspaper of general circulation at least 10 days prior to the date of the hearing, and sending a copy of said notice, postage prepaid, to all applicants who have their addresses set forth on the application. 3. At the time and place of the public hearing on the application, the City Council shall hear all persons interested therein, and thereafter may either terminate said proceedings, or may by resolution establish all or any portion of the lands included in the application as an agricultural preserve. Said public hearing may be continued from time to time, and in no event shall the City Council adopt a resolution establishing an -2- agricultural preserve until it has either received a report on the application from the Planning Department, or until the expiration of thirty (30) days from the date said matter was submitted to said Planning Departnent in the event said depart- ment fails to report thereon. Each resolution establishing an agricultural preserve shall contain a finding of compatible uses within the preserve, and shall set forth such uniform rules for administering that preserve as may be deemed advisable and necessary by the City Council. 4. At any time at or after adopting a resolution estab- lishing an agricultural preserve, the City Council may authorize the Mayor of said City to enter into a land conservation agreement with any owner or owners of land within said agricultural preserve, and said authorization may, but need not, be included as a part of the resolution establishing the preserve. S. Anything to the contrary hereinabove notwithstanding, the City Council may abandon any proceedings for the establish- ment of an agricultural preserve at any time after the filing of an application therefor or initiation of the same on the Council's own motion, by minute or other resolution, which resolution shall set forth the reasons for such abandonment. 6. Attached and "B ", are forms tural preserve and hereby specificall this City. hereto and marked, respectively, Exhibits "A" for the application for creation of an agricul- for land conservation contract, which forms are referred to and approved as official forms of 7. The City Clerk shall cause a duplicate original of each land conservation agreement to be recorded with the Santa Clara County Recorder within 20 days after the completed execution of the same, and shall file a copy of the same with the Santa Clara County Assessor. Within 30 days after adoption of this Resolution the City Clerk shall file a sample copy of the hereinabove approved form of contract with the State Director of Agriculture. PASSED AND ADOPTED at an adjourned regular meeting of the City Council of the City of Cupertino on the 30th. day of November 1970, by the following vote: AYES: Councilmen - Fitzgerald, Frolich, Green, Stokes NOES: Councilmen - None ABSENT: Councilmen - Noel ATTEST: /s/ Wm. E. Ryder City Clerk -3- APPROVED: /s/ Garx G. Stokes Mayor, City of Cupertino COATY OF CUPEI .T111O PLAI\NIN INSTRUCTION SHEET COMMISSION This instruction sheet is to be used in connection with the filing of applications for Zone Changes, Use Permits, Variances and Tentative Maps. GENERAL INFORMATION: Application forms are available upon request from the office of the Planning Department. The applicant is required to file, in the office of the Planning Department, one original and two copies of the appropriate application form together with the proper filing fee and required exhibits no later than 24 days prior to a desired hearing date. The Planning Commission meets on the second and fourth Mondays of the month. In order to avoid delay it is suggested that the application be filed in person so that it can be reviewed and accepted at the time of filing. FILING FEES: Cash or check at time of application. Not refundable. Rezoning: $100.00 Tentative Map: 2 - 50 lots $ 50.00 Use Permit: $ 25.00 51 - 250 lots $100.00 251 - 500 lots $200.00 Variance: $ 25.00 500 - lots $500.00 EXHIBITS: All required exhibits must be submitted on or before the application filing deadline. All applications require 40 identical copies of each exhibit, 35 of which must be reduced to an 8'3' x 11" sheet size. Specific instructions for each type of application are as follows) Zoning: 40 copies of a map of the property to be rezoned, describing its size, dimensions, *existing and proposed zoning, and location in relation to nearby streets, are required. of Each separate zoning classification within the property involved shall be similarly described. The map shall be on an 8 -" x 11" sheet. Legal Description: 3 copies of a legal description, setting forth each zoning classi- fication within the property, are required. Development Plan: Some zoning districts require a development plan. A description of the information needed on the plan is contained in the appropriate zoning ordinance. 40 copies of the plan are required (5 unreduced, 35 reduced to size 8z" x 1111), and one reproducible copy of the unreduced plan. Use Permits and Variances: 40 copies (5 unreduced and 35 reduced to size 8�" x 11 ") of a site plan and elevations of all existing and proposed uses on the property involved, are required. The plan shall be detailed, showing the location of all existing and proposed uses, structures, fences, signs, off- street parking spaces, driveways, traffic island, landscaping and other information or data which the applicant or the Planning Director deems necessary for proper consideration of the application. The drawing must be to scale and drawn in a professional manner. -1- EXHIBITS (continued): Tentative Maps: 40 copies (5 unreduced and 35 reduced to size 8'z" x 11 ") and one reproducible unreduced copy, are required of a map which meets the requirements of the City of Cupertino, Subdivision Ordinance No. 47. A Tentative Map Review Sheet, listing the required information to be shown on the map, is attached to the Tentative Map application form. ARCHITECTURAL AND SITE APPROVAL COMMITTEE With the exception of single- family homes, any construction or substantial alteration within the City requires the approval of this Committee. The Committee is primarily concerned with building design, building materials, signs and landscaping.. It is a lay body independent of the Planning Commission. Information concerning the procedures of this Committee may be obtained at the Planning Department. TE`7TATIVE HEARING DATES For your information, the staff member receiving your application will list the tentative hearing dates. The dates listed below must be ccnsidered tentative in nature, and are subject to change depending on the action taken by the various bodies involved. Filing Date Planning Commission Hearing Date City Council Hearing Date City Council Hearing Date (Second reading for zoning ordinance ro o M r w N r - n n 14 F a o 0 0 K (D W n N m m N ro N i p x ?0 G O m m of w f: pol -o ;m �mI :7•�n ..� tv a�)6ro bIn ttl m m `7' :7 D3 w cl r✓ n 7C C ro �C n ?r •a, ;'m �w 6'S ,'S F7 a y • n r� •l;yC a 1 �; G N b m m y rt rt rH • :n � ZI o 3 a Ir� (g 1 � t m m j ly drt m YG m FAr• O w O � I i� up H wn c i m r• g a 1 v m -------------- - - - - --i-- ------------------------------------------ - - - --- a O M m ci 9 a r• n �1� I Y• N 1 OG H w h n H n nhOrn a m r• � m a 1 C vl S _ _ _ _____ ________________-------------------------------------- _ -- n w n o rt n m 0o z M m m o w o rt n rt p o n m 1 H a r• M n o m � 1 i .crr� pp m m m m j a• 7 r r C o G rn oc r r r O � H m b S :7 w m m c. d 1 r•w �'n 1 0 m i z�roar o w m o n w a m m "{ m N rt -H N r• � N z o a w m z O - 1 m C m N m U m a' H ra a•az 06 Ili n c n I O t 9 p r- r• m a N N Y' '� w C S Y• rt O G M n w r a N N C m N N m N O n 1 1 m N W c- V� O" V CU- -1 * "PRIME AGRICULTURAL LAND" means: l « A 1 All land which ( ) qualifies for rating as Class I or Class II in the Soil Conservation Service land use capability classi- fications. (2) Land which qualifies for rating 80 through 100 in the Storie Index Rating. (3) Land which supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal per acre as defined by the United States Department of Agriculture. (4) Land planted with fruit or nut - bearing trees, vines, bushes or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than two hundred dollars ($200) per acre. (5) Land which has returned from the production of unprocessed agricultural plant products an annual gross value of not less than two hundred dollars ($200) per acre for three of the previous five years. Permission is hereby granted to the County Assessor to obtain any information which he may need for assessment purposes from my 'Soil and Capability Map" or the "Conservation Plan Map" which is available in the Soil Conservation District Office. Signature to